A vulnerable 40-year-old man choked to death on oversized pancake pieces after his care worker allegedly turned his back for less than 10 seconds to retrieve his phone, a manslaughter trial at Wolverhampton Crown Court has heard. Thomas Cowley, who had learning disabilities and bipolar affective disorder, died at his home in Leverton Rise, Wolverhampton, on February 23, 2023, two days after Shrove Tuesday.
Prosecution Alleges Negligence
Prosecutor Tom Walkling KC told jurors that Christopher Bennett, 34, was employed by Lifeways Community Care Ltd as a team leader and was in the sole care of Mr. Cowley on the day of his death. Mr. Cowley was on a strict diet requiring all food to be chopped into pieces no larger than 1.5cm by 1.5cm, as recommended by a speech and language therapist in January 2023 due to his history of choking. Despite this, Bennett allegedly allowed Mr. Cowley to eat pancake pieces that were far too large.
Walkling stated: "Despite being responsible for Mr Cowley, we say that Bennett allowed him to eat pieces of pancake that were far too large, much larger than Mr Cowley's special diet allowed for. He also left him unattended while he was eating, not for long [but] long enough for Mr Cowley to cram the oversized pieces of pancake into his mouth, swallowing them and choking."
Care Worker's Actions Questioned
The court heard that Bennett had been told about the diet and was well aware of the requirements. In a workplace form, Bennett noted that Mr. Cowley had been helping staff make pancakes when he turned his back. Bennett claimed he turned around and asked Mr. Cowley to remove food from his mouth, but he swallowed it before he had time to react. Mr. Cowley then began to cough and choke, and Bennett administered back slaps and the Heimlich manoeuvre, but both were unsuccessful. Mr. Cowley turned purple and became limp, and despite paramedics being called, he was pronounced dead at 10:04 am.
A pathologist gave the cause of death as "obstruction of the internal airways - choking - due to aspiration inhaling of food stuff." In a food record, Bennett wrote that Mr. Cowley ate pancakes cut to 1.5cm at 9:30 am, which the prosecution says is "simply not true."
Alleged Disposal of Evidence
The trial also involves Cherilyn Ghannem, 54, of Willington Road, Boston, Lincolnshire, who was the area manager for Walsall and Wolverhampton. She is accused of perverting the course of justice by disposing of the oversized pancake pieces. Walkling said Ghannem arrived at the property after paramedics left and Mr. Cowley's body had been taken to the mortuary. She took photographs of the pancake pieces before throwing them into a wheelie bin outside the property.
Walkling told jurors: "We know it was Ghannem that threw those pancake pieces away because she was caught on CCTV doing it." He noted that Ghannem did not inform police about the photographs or the disposal when they spoke to her that same day. Police visited the property five days later and found the wheelie bin still outside. Inside, they discovered the pancake pieces, while other bins inside the property had not been emptied.
Walkling argued: "You will have to ask yourselves, why is it that Ghannem threw away the pancake pieces that Mr Cowley had been eating when he choked to death, yet she did not bother to empty the other bins within the address? Because, know this, if the police had not looked inside that green wheelie bin, then we would never have known how large the pancake pieces served to Mr Cowley had been."
Defendants' Statements
Both defendants took part in voluntary interviews in April 2023. In a prepared statement, Bennett said he was aware of several choking incidents and that Mr. Cowley was on a strict diet. He claimed the pancake was cut into 1.5cm pieces and that he supervised Mr. Cowley while he ate but turned away for less than 10 seconds to get his phone. Ghannem said she was aware of Mr. Cowley's diet and took photographs for evidential reasons, but she assumed the pancake pieces were in a bin bag she carried to the wheelie bin.
Walkling concluded: "We say her explanation for why she threw those pancake pieces away simply does not add up because none of the other bins in the address had been emptied - it was only the bin bag with the incriminating evidence she threw away." The prosecution alleges that Bennett unlawfully killed Mr. Cowley by gross negligence, breaching his duty of care, and that Ghannem deliberately disposed of evidence to implicate her colleague and the company. The trial continues.
